TERMS OF SERVICE

Effective Date: 19/11/2025
Last Updated: 19/11/2025

1. ACCEPTANCE OF TERMS

Welcome to Embodied Performance System ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website embodiedperformance.com (the "Website") and our services, including the Embodied Performance Foundations program and related coaching training services (collectively, the "Services").

By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website or Services.

Business Information:
Andre Duquemin

Embodied Performance System

Health Space, St Martins

Guernsey, GY4 6RX

Channel Islands, UK

Email: contact@embodiedperformancesystem.com

Jurisdiction: These Terms are governed by the laws of England and Wales and the Channel Islands.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. By using our Website or Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

Our Services are intended for professional coaches, consultants, and business professionals. If you are enrolling in a program on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. SERVICES PROVIDED

3.1 Description of Services

Embodied Performance System provides coach training and educational programs, including:Educational resources and materials

• Embodied Performance Foundations (8-week certification program)
• Educational resources and materials
• Live coaching calls and group sessions
• Access to online learning platforms
• Email support and community access

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3.2 No Professional Relationship

Our Services provide education and training for coaches. We do not provide therapy, medical advice, or mental health treatment. Participation in our programs does not create a therapist-client, doctor-patient, or similar professional relationship.

If you require mental health support or medical advice, please consult a licensed professional.

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3.3 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

4. REGISTRATION AND ACCOUNTS

4.1 Account Creation

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

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4.2 Account Termination

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We reserve the right to suspend or terminate your account at any time, with or without cause, including if you violate these Terms.

5. PAYMENT AND PRICING

5.1 Program Fees

Current pricing for our Services is displayed on our Website. All fees are stated in British Pounds (£) unless otherwise indicated.

Embodied Performance Foundations:

• Standard Price: £1,750
• Beta/Early Enrollment Price: £750 (when applicable)

5.2 Payment Terms

• Payment is required in full at the time of enrollment unless a payment plan is agreed upon in writing
• We accept payment via PayPal and ThriveCart
• All payments are processed securely through third-party payment processors
• You are responsible for any fees charged by your bank or payment provider

5.3 Taxes

Prices do not include applicable taxes (VAT, GST, or other local taxes). You are responsible for any taxes that may apply to your purchase.

5.4 Price Changes

We reserve the right to change our prices at any time. Price changes will not affect enrollments already completed.

6. REFUND AND CANCELLATION POLICY

6.1 Refund Policy

14-Day Money-Back Guarantee:
If you are not satisfied with the Embodied Performance Foundations program, you may request a full refund within 14 days of enrollment, provided you have not completed more than 2 weeks of program content.

To request a refund:

• Email contact@embodiedperformancesystem.com within 14 days of enrollment
• Include your name, order number, and reason for refund request
• Refunds will be processed within 14 business days of approval

After 14 days: No refunds will be issued after the 14-day guarantee period.

6.2 Cancellation by You

You may cancel your enrollment by contacting us at contact@embodiedperformancesystem.com. Cancellation after the 14-day refund period will not result in a refund.

6.3 Cancellation by Us

We reserve the right to cancel your enrollment and issue a full refund if:

• We determine the program is not a suitable fit
• You violate these Terms
• We discontinue the program

If we cancel a program after it has begun, we will provide a pro-rata refund for any unused portion of the program.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Content

All content on our Website and within our Services, including text, graphics, logos, images, videos, audio, software, and course materials (collectively, "Content"), is the property of Embodied Performance System or its licensors and is protected by UK and international copyright, trademark, and intellectual property laws.

The following are proprietary to Embodied Performance System:

• Embodied Performance System name and branding
• Three Systems Framework
• Regulate to Perform methodology
• Course curriculum and materials
• All proprietary frameworks and tools

7.2 Limited License

Upon enrollment in our Services, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use in connection with the program.

You may NOT:

• Copy, reproduce, distribute, or publicly display any Content
• Modify, adapt, translate, or create derivative works from our Content
• Sell, license, or sublicense access to our Content
• Use our Content to create competing products or services
• Share login credentials or course materials with others
• Record, screenshot, or distribute live sessions without written permission

7.3 Your Content

If you submit content to us (e.g., questions, feedback, testimonials), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display that content for business purposes, including marketing and testimonials.

You represent that:

• You own or have the right to submit the content
• The content does not violate any third-party rights
• The content is accurate and not misleading

8. PROHIBITED USES

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other participants
• Use our Services for any illegal or unauthorized purpose
• Impersonate any person or entity
• Interfere with or disrupt our Services
• Share course materials or recordings without permission
• Use our proprietary frameworks without proper attribution and license

Violation of these prohibitions may result in immediate termination of your access without refund.

9. DISCLAIMER OF WARRANTIES

9.1 "As Is" Basis

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of content

9.2 No Guarantee of Results

We do not guarantee any specific results, outcomes, or income from participation in our programs. Your success depends on many factors, including your effort, dedication, skill, background, and market conditions.

Testimonials and case studies represent individual results and are not guarantees of your results.

9.3 Technical Issues

We do not warrant that:

• Our Services will be uninterrupted or error-free
• Defects will be corrected
• Our Website or servers are free of viruses or harmful components
• Information will be accurate or reliable

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

10.1 No Liability for Indirect Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or data
• Loss of business opportunities
• Cost of substitute services
• Emotional distress

Even if we have been advised of the possibility of such damages.

10.2 Maximum Liability

Our total liability to you for any claim arising from or related to these Terms or our Services shall not exceed the amount you paid us in the 12 months preceding the claim, or £100, whichever is greater.

10.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Embodied Performance System, Andre Duquemin, and our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your use of our proprietary frameworks without proper license

12. CONFIDENTIALITY AND COMMUNITY GUIDELINES

12.1 Participant Confidentiality

You agree to maintain the confidentiality of information shared by other participants during live sessions, group calls, or community interactions. Do not disclose personal information or private discussions without explicit consent.

12.2 Community Standards

We expect all participants to:

• Treat others with respect and professionalism
• Refrain from harassment, discrimination, or abusive behavior
• Contribute constructively to discussions
• Respect intellectual property and privacy

Violation of community standards may result in removal from the program without refund.

13. THIRD-PARTY SERVICES

Our Services may contain links to third-party websites or integrate with third-party services (e.g., PayPal, ThriveCart, Go High Level, Zoom).

We are not responsible for:

• The content, accuracy, or practices of third-party websites
• Products or services offered by third parties
• Privacy practices of third-party services

Your use of third-party services is subject to their terms and policies.

14. PRIVACY

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to our Privacy Policy, available at: [link to privacy policy page]

15. COMMUNICATIONS

15.1 Electronic Communications

By using our Services, you consent to receive electronic communications from us, including:

• Program updates and announcements
• Marketing communications (if you opt-in)
• Administrative messages
• Notices regarding these Terms

15.2 Opting Out

You may opt out of marketing communications at any time by:

• Clicking "unsubscribe" in emails
• Contacting us at contact@embodiedperformancesystem.com

Note: You cannot opt out of transactional or administrative communications related to your enrollment.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at contact@embodiedperformancesystem.com to attempt to resolve any dispute informally.

16.2 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales and the Channel Islands, without regard to conflict of law principles.

16.3 Jurisdiction

Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.4 Arbitration (Optional)

If we mutually agree, disputes may be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA).

17. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including:

• Acts of God (natural disasters, pandemics)
• War, terrorism, or civil unrest
• Government actions or restrictions
• Internet or telecommunications failures
• Labor disputes

In such cases, our performance obligations will be suspended for the duration of the event.

18. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Embodied Performance System regarding our Services and supersede all prior agreements and understandings.

21. ASSIGNMENT

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms at any time without notice to you.

22. PROFESSIONAL USE OF FRAMEWORKS

22.1 Licensed Use for Graduates

Upon successful completion of the Embodied Performance Foundations program, you receive a limited license to use our proprietary frameworks (Three Systems Framework, Regulate to Perform methodology) in your professional coaching practice, subject to the following conditions:

You MAY:

• Use the frameworks with your individual coaching clients
• Reference "Embodied Performance System Graduate" in your credentials
• Apply the methodologies in your coaching sessions
• Use concepts and principles with proper attribution

You MAY NOT:

• Teach, train, or certify others in our frameworks without written permission
• Create competing programs or courses using our intellectual property
• Claim to be certified by us beyond program completion
• Remove or obscure our intellectual property notices

22.2 Attribution Requirements

When publicly referencing our frameworks, you must provide proper attribution:

• "The Three Systems Framework by Embodied Performance System"
• "Trained in the Regulate to Perform methodology by Andre Duquemin"

22.3 Certification and Credentials

Completion of Embodied Performance Foundations entitles you to state:

• "Graduate of Embodied Performance Foundations"
• "Trained in Integrated Nervous System Regulation by Embodied Performance System"

You may NOT claim:

• "Certified Embodied Performance Coach" (unless a separate certification program is completed)
• Endorsement or affiliation beyond program completion

23. UPDATES TO TERMS

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices.

When we update these Terms:

• We will post the updated Terms on this page with a revised "Last Updated" date
• If changes are significant, we will notify you via email or prominent notice on our Website
• Your continued use of our Services after changes take effect constitutes acceptance of the updated Terms

We encourage you to review these Terms periodically.

24. TERMINATION

24.1 Termination by You

You may terminate your account at any time by contacting us at contact@embodiedperformancesystem.com. Termination does not entitle you to a refund except as provided in Section 6.

24.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You harass or abuse other participants or our team
• We discontinue our Services

24.3 Effect of Termination

Upon termination:

• Your access to course materials and community will be revoked
• Your license to use our Content will immediately terminate
• You must cease all use of our proprietary frameworks and materials
• Sections of these Terms that by their nature should survive (intellectual property, disclaimers, limitations of liability) will continue to apply

25. CONTACT INFORMATION

If you have questions, concerns, or disputes regarding these Terms or our Services, please contact us:

Email: contact@embodiedperformancesystem.com

Postal Address:
Andre Duquemin
Embodied Performance
Health Space
St Martins
Guernsey, GY4 6RX
Channel Islands, UK

Response Time: We aim to respond to all inquiries within 2-3 business days.

26. ACKNOWLEDGMENT

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You meet the eligibility requirements (18+ years old)
• You understand this is an educational program, not therapy or medical advice
• You accept the risks and limitations outlined herein
• You have had the opportunity to seek independent legal advice if desired

End of Terms of Service